UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

___________________________________________________

STRATO AERIAL PRODUCTIONS , Petitioner. Docket No. FAA

- 201 5

-

_____

PETITION OF STRATO AERIAL PRODUCTIONS FOR AN EXEMPTION FROM TITLE 14 OF THE CODE OF FEDERAL REGULATIONS TO PERMIT UNMANNED AIRCRAFT SYSTEMS (UAS) OPERATIONS
Tim B. Adelman Leclair Ryan, P.C. 180 Admiral Cochrane Drive, Suite 370 Annapolis, MD 21401 Phone: 410

- 224

- 3000 Fax: 410

- 224

- 0098 tim.adelman@leclairryan.com
Submitted on Ju ly 7 , 201 52 TABLE OF CONTENTS
I. Petition for Exemption Summary
II. Interests of Petitioner
III. Proposed Conditions and Limitations for Petitioner’s Exemption
IV. Information Required to Support a Petition for Exemption
A. Contact Information of Counsel
B. Specific Sections of 14 CFR to be Exempt
C. The Extent of Relief Sought , and the Reason for Such Relief
D. Reasons Why an Exem ption Would Further the Public Interest
E. Reasons Why an Exemption Would Not Adversely Affect Safety
F. Federal Register Summary
1. Exemptions Requested
2. Brief description of the nature of the exemption
G. Additional Information Supporting an Exemption
V. Conclusion
Exhibit A

– “Proposed Conditions and Limitations”
Exhibit B

– “Manual s for DJI Inspire 1, DJI Phantom 2 and DJI S1000+ ”
Exhibit C

– “Manual for Freefly Alta Aircraft”
Exhibit D

– “Manual for Strato Aerial Productions Customized Aircraft ”3

I. Petition for Exemption Summary
Strato Aerial Productions (“ Strato ”) seeks exemption from the requirements of 14 C.F.R. §§ 61.113(a) and (b) (private pilot limitations) , 91.7(a) (airworthiness) , 91.119 (minimum safe altitudes) , 91.121 (altimeter settings) , 91.151 (VFR fuel requirements) , 91.405(a) (maintenance inspections) , 91.407(a)(1) (return to service after maintenance) , 91.409(a)(1) and (2) (annual inspection) , and 91.417(a) and (b) (maintenance records)

. Strato seeks the se exemptions to permit it to conduct Unmanned Aircraft System (“UAS”) operations on an independent contractor basis for film production companies over property owned, leased, or otherwise access
controlled by the film production companies with which Strat o does business. Strato’s reasons for requesting an exemption are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, 11213, and 11423.
II. Interests of Petitioner
Strato is a n aerial cinematography company based out of Los Angeles, California . Strato
seeks to participate in the film production business based in Los Angeles and surrounding region
of the southwest United States . With its fleet of five Unmanned Aircraft (“UA”), Strato will provide cinematography services to its clients as its clients shoot film for motion pictures, television programs, and commercials. The UAS operations covered by this exemption will all take place within access
controlled, secure environment s managed by the production companies contracting with Strato
for Strato’s UAS services. Strato ’s UAS operation s will be condi tioned and limited as described
in Section III of this Petition

. The exemption will not adversely affect safety; rather, it will facilitate safe conditions on the production companies’ sets on which Strato will be providing its4

UAS services. I n furtherance of the goals of 14 C.F.R. § 11.81, the UAS operation s utilizing s till
and vi deo photography will be further the public interest

. III. Proposed Conditions and Limitations for Petitioner’s Exemption
Strato proposes that its UAS operation s be conducted pursuant to the c onditions and

o perating l imitations set forth in Exhibit A

– “ Proposed Conditions and Limitations

. ” Each of
the conditions and limitations set forth in Exhibit A is consistent with previously granted small UAS Section 333 exemptions and FAA guidance. 1
IV. Inf

ormation Required to Support a Petition for Exemption
A. Contact Information of Counsel
Strato Aerial Productions submits this Exemption Petition through counsel:

Tim othy B. Adelman LeclairRyan, P.C. 180 Admiral Cochrane Drive, Suite 370 Annapolis, MD 21401 Phone: 410

- 224

- 3000 Fax: 410

- 224

- 0098 tim.adelman@leclairryan.com
B. Specific Sections of 14 CFR to be Exempt 14 C.F.R. § 61.113

— Private Pilot Privileges and Limitations: Pilot in Command
Id. at § 91.7(a)

— Civil Aircraft Airworthiness
Id. at § 91.119

— Minimum Safe Altitudes: General.
Id. at § 91.121

— Altimeter Settings
Id. at § 91.151

— Fuel Requirements for Flight in VFR Conditions
Id. at § 91.405(a)

— Maintenance Required

1 See Exemption No. 110 62 ( September 25, 2014 ; Docket FAA

- 2014

- 03 52 ) (“ Astraeus Exemption”); Exemption No. 11109 (December 10, 2014; Docket FAA

- 2014

- 0507) (“Clayco Exemption”); Exemption No. 11 112A ( February 25, 2015 ; Docket FAA

- 2014

- 03 8 2) (“ VDOS Global Exe mption”) ; Exemption No

. 11213 (March 24, 2015; Docket FAA

- 2014

- 0642) (“Aeryon Exemption”); and Exemption No. 11423 (April 24, 2015; Docket FAA

2015

- 0152) (“Stunning Heights Exemption”).5

Id. at § 91.407(a)(1)

— Operation After Maintenance, Preventive maintenance,

Rebuilding, and Inspections
Id. at § 91.409(a)(1) , (2)

— Inspections
Id. at § 91.417(a) , (b)

— Maintenance Records
C. The Extent of Relief Sought, and the Reason for Such Relief
When Strato provides UAS operations services to its production company clients, Strato will promote the safety, security, and well

- being of all people and property involved by strictly abiding by the Proposed Conditions and Limitations set forth in Exhibit A

. In orde r to conduct its proposed UAS operations with each of the five UA in its fleet , Strato requests exemptions from certain Federal Aviation Regulations that were intended to promote the safety of manned
aircraft

. To conduct its UAS operations, Strato petitions the FAA for an exemption from the following federal regulations for the reasons noted: 14 C.F.R. § 61.113

— Private Pilot Privileges and Limitations: Pilot in Command
Strato requests an exemption from § 61.113 to the extent necessary to permi t Strato to conduct UAS operations with PIC s holding FAA sport pilot certificates. In most instances, the FAA would require a pilot to hold a commercial pilot certificate where there is compensation either to the pilot or for the operation. Strato seeks waiver from this requirement , consistent with previously granted Section 333 exemptions (see f ootnote 1) , because requiring the Strato pilots

o perati ng the UA in Strato’s fleet to adhere to the commercial pilot certification requirements will not improve the safety of operations

. Requiring airman “aeronautical knowledge,” “aeronautical experience,” and “flight proficiency” at the commercial certificate level for those individuals operating a remote

- controlled, battery

- powered UAS aircraft operated in acco rdance6

with the conditions and limitations set forth in Exhibit A would not bring the corresponding safety benefits contemplated in the manned commercial aircraft setting

. Therefore, consistent with the certificate requirements imposed on the UAS pilots i n recently granted Section 333 exemptions, Strato requests the FAA grant an exemption from 14 C.F.R. § 61.113 and allow
Strato ’s UAS pilots who hold a FAA sport pilot certificate or recreational pilot certificate to

serve as PICs for Strato’ s UAS operation s. 14 C.F.R. § 91.7(a)

— Civil Aircraft Airworthiness
Strato requests an exemption from the airworthiness certificate requirement because the
aircraft flown in its UAS operations will not have an airworthiness certificate pursuant to 14 C.F.R. Part 21, Subpart H. Strato understands that without an airworthiness certificate, it must inspect each aircraft before each flight to determine that it i s compliant with Stra to ’s respective
UAS Manual s which are provided in Exhibit s B , C, and D

. Strato bases this particular exemption request on the rationale that “[ c ]ompliance with [ Strato’ s] Manuals [is a ] sufficient means for determining an airworthy condition.” Clayco Exemption, at 1 3

. 14 C.F.R. § 91.119

— Minimum Safe Altitudes: General.
Strato requests an exemption from this regulation so that its UAS operations may fly at
low altitudes to better capture reliable video and still photography o n behalf of its produ ction company clients

. Specifically w ith respect to subpart (c), Strato requests an exemption from the restriction that “aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.” An exemption from subpart (c) will allow Strato UAS operations to better serve its clients by providing high

- quality aerial video and still photography

. 14 C.F.R. § 91.121

— Altimeter Settings7

Strato requests an exemption from this regulation . While all UAS in Strato’s fleet use a barometric altimeter , it will be utilized and maintained in accordance with the manuals provided in Exhibits B, C, and D

. Strato ’s UAS pilots will check the aircraft’s altitude reading prior to each takeoff, and will effectively zero the aircraft’s altitude at the point of takeoff, to ensure that
measurements of the aircraft’s altitude are accurate relative to the local elevation. Strato will also be conducting flights within visual line of sight (“VLOS”)

. If this approach is d eemed to not satisfy 14 C.F.R. § 91.121, Strato requests an exemption so that Strato UAS operations can utilize this GPS signal methodology. 14 C.F.R. § 91.151

— Fuel Requirements for Flight in VFR Conditions
Strato requests an exemption from this regulation to permit Strato UAS pilots to plan for
less than 10 (ten) minutes of operating reserve time to be available at the end of each UAS operation. Strato ’s UAS operations will all occur within the boundaries of prop erty controlled by its production company clients . The takeoff and landing will occur within VLOS of the PIC,
the PIC will maintain VLOS at all times during the flight, and the UA will be safely within the control range as established by its manufacturer

. Strato understands that the policy behind this regulation is to account for unexpected weather conditions and logistical delays occurring during a flight or when an aircraft seeks to land at its first planned destination. Strato requests an exemption f rom this regulation because these considerations are not applicable here where Strato ’s UAS operations will be hyper

localized and will not realistically face the considerations un dergirding the regulation’s policy. Moreover, a shorter reserve will be an additional safety mechanism by limiting the ability of the UA to fly far from its initial launch location. 14 C.F.R. § 91.405(a)

— Maintenance Required8

Strato requests an exemption from this regulation’s obligation to perform inspections and discrepancy repairs by FAA authorized mechanics

. Strato proposes Conditions and Limitations
in Exhibit A , that will require a level of maintenance consistent with the FAA’s standards communicated in the Astraeus Exemption and recently in the Stunning Heights Exemption

. A copy of Strato’s Maintenance manual s are provided for FAA review in Exhibit s B , C, and D

. Strato ’s exemption request regarding this regulation is limited to subpart (a) because it will make appropriate logbook entries in aircraft maintenance records in compliance with subpart (b), a ppropriately mark any inoperative instrument or item of equipment for which maintenance has been properly deferred in compliance with sub part (c), and appropriately placard listed discrepancies that include inoperative instruments or equipment in compliance with subpart (d).
14 C.F.R. § 91.407(a)(1)

— Operation After Maintenance, Preventive maintenance, Rebuilding, and Inspections
Strato requests an exemption from this regulation to permit Strato to conduct its UAS operations without having to have the UAS approved for return to service by a person authorized under 14 C.F.R. § 43.7. Instead, Strato will maintain its UAs consistent with its own m anual s which will provide an adequate level of safety and will not adversely affect safety with regard to the regulatory maintenance and alteration requirements.
Strato has taken into account the conditions and limitations pertain ing to UAS
maintenance described in dozens of exemptions as Strato has written its own Proposed
Conditions and Limitations. Strato proposes that its UAS maintenance be subject to scrutiny under its Conditions and Limitations in lieu of the requirement tha t it satisfy 14 C.F.R. § 91.407(a)(1). Related to this regulation, Strato UAS operations will comply with subpart (a)(2)
because Strato UAS operations will require completion of maintenance record entries. 14 C.F.R. § 91.409(a)(1) and (2)

— Inspections9

Strato requests an exemption from this regulation so that Strato will not be required to obtain annual inspections and airworthiness certificate inspections required by this regulation. Instead, Strato will maintain the UAS in accordance with the m aintenance m anual s provided in
Exhibit s B , C, and D . Moreover, Strato will adhere to the P roposed Conditions and Limitations
in Exhibit A , which will provide a level of safety at least equivalent to that provided by this regulation and the requisite conditions and limitations described in the Astraeus Exemption , the Clayco Exemption, the V D OS Exemption, the Aeryon Exemption, and the Stunning Heights
Ex emption

. 14 C.F.R. § 91.417(a), (b)

— Maintenance Records
Strato requests an exemption from this regulation so that Strato will not be required to keep the maintenance records described by this regulation. Instead, Strato will maintain the UAS
in acco rdance with the m anual in Exhibit B , C, and D . Moreover, Strato will adhere to the
P roposed Conditions and Limitations in Exhibit A , which will provide a level of safety at least equivalent to that provided by this regulation and the requisite conditions and limitations
described in the Astraeus Exemption, the Clayco Exemption, the VDOS Exemption, the Aeryon Exemption, and the Stunning Heights Exe mption.
D. Reasons Why an Exemption Would Further the Public Interest
With the FAA grant of Strato ’s exemption petition, Strato will be able to safely conduct its UAS operations under the Proposed C onditions and L imitations provided in Exhibit A

. Granting this exemption would not set a precedent as the UAS operations proposed in this petition are substantially similar to the UAS operations discussed in the Astraeus Exemption, the Clayco Exemptio n, the VDOS Exemption, the Aeryon Exemption, and the S tunning Heights Exemption.10

E. Reasons Why an Exemption Would Not Adversely Affect Safety
Strato ’s UAS operations will be conducted over access
- controlled property . This will
allow Strato to be made aware of any pertinent circumstances that may affect its UAS operations. As such, Strato will be able to conduct its operations without adversely affecting safety. I f the exception to 14 C.F.R. § 91.119 (the minimum safe altitudes provision) is granted, the UAS will be authorized to fly at low altit udes w ith little to no air traffic

. Conducting its UAS operations at relatively low altitudes over access
- controlled property will allow Strato to minimize safety risks created by its UAS operations

. F. Federal Register Summary
1. Exemptions Requested
Strato Aerial Productions seeks exemption from the requirements of 14 C.F.R. §§ 61.113(a) and (b), 91.7(a), 91.119, 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b).

2. Brief description of the nature of the exemption The FAA exemption will permit Strato Aerial Productions to operate an Unmanned Aircraft System (“UAS”) over access
- controlled property in the United States as a means of providing aerial cinematography services to production companies. Strato’s PIC s will be trained pursuant to Strato’s Proposed C onditions and L imitations provided to the FAA with Strato ’s Exemption Petition

. G. Additional Information Supporting an Exemption
Strato will readily provide additional information that the FAA might find helpful, or to answer questions in response to any FAA requests. A confidential copy of each of the m anuals will be submitted to the FAA Assistant Chief Counsel for International Law, Legislation, and11

Regulations as supporting documentation for this petition. The m anuals may contain proprietary
information of Strato . Therefore, Strato requests that the FAA treat the m anuals as confidential and not disclose them to the public.
V. Conclusion As set forth above, Strato seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012. The exemption will permit safe operation of the Strato UAS fleet for the special purpose of providing aerial cinematography services to prod uction companies working in the United States

. By granting this petition, the FAA Administrator satisfies the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the public interest by allowing Strato to conduct UAS operations over controlled

- access property.

Respectfully Submitted,

Tim B. Adelman Leclair Ryan, P.C. COUNSEL FOR STRATO AERIAL PRODUCTIONS